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Eighth Circuit Upholds FCC Order Preempting State Regulation Of VoIP


by Lynn R. Charytan
Jonathan E. Nuechterlein
Kenny A. Wright
Wilmer Cutler Pickering Hale and Dorr LLP
Washington Office

April 27, 2007

Vonage Order, issued in late 2004, the FCC broadly preempted state regulation of "nomadic" voice-over-Internet-protocol (VoIP) services -- applications-layer voice services that consumers can purchase independently of their own broadband Internet connections and can use anywhere in the world.[1] On March 21, 2007 -- a year and two months after the case was argued¿the US Court of Appeals for the Eighth Circuit finally upheld that order.[2] The Eighth Circuit decision represents a major victory for providers of nomadic VoIP services, but leaves a number of important questions unanswered.




 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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